Privacy Policy

Privacy Policy

Last Updated: August 11, 2023

Hooked and Company, Inc. (“Hooked and Company”, “us”, “our” or “we”) has developed this Privacy Policy to explain who we are, how we collect, use and share personal information about you, and how you can exercise your privacy rights.

This Privacy Policy describes how we collect and use personal information in the usual course of business, including through our websites such as www.EarlyMoments.com, www.HookedandCompany.com, www.HookedonPhonics.com, www.HookedonMath.com and www.HookedonSpelling.com (and any of its sub-domains) or any other site which includes a link to this Privacy Policy (the “Sites”), and our mobile Applications Early Moments and Hooked On Phonics Learn to Read (“Apps”), as well as in connection with any of our sales or marketing activities (“Services”). This Privacy Policy applies to your use of the Sites (however accessed and/or used, whether via personal computers, mobile devices or otherwise) or any other means or applications in which you connect with us and your use of our Services.

This Privacy Policy is subject to our Terms of Use. Each time that you access, register and/or use the Sites or our Services you signify that you have read, understand, and agree to be bound by the Terms of Use, and this Privacy Policy, where permitted by law.

WHAT INFORMATION WE COLLECT

• Information you provide to us. We collect the personal information that you provide to us when you sign up for an account to access and use the Sites or Services, when you consult with customer support or send us an email or communicate with us in any way (for example, to make a support request) or make a purchase on our Sites. We collect your contact information (such as your name, address, telephone number and email address) and contact preferences; account information (such as your username and password); and if you make a purchase, payment details (card information, alternative payment method information, invoices, order information and transaction history). If you communicate directly with us, we may maintain a record of those communications and responses.
• Information from Third Party Sellers. We will receive contact information about you and your transaction if you purchase our products or Services through a Third Party Seller.
• Location Information. We may collect information about your general location. . We also collect IP addresses and device identifiers that may provide location information.
• Information We Collect Automatically Through Cookies and Similar Technologies. We use tracking tools like browser cookies and web beacons to automatically collect information about how you interact with our Sites and Services and other websites over time and across devices. Our vendors and partners also collect information this way. For more information on cookies and similar tracking technology and how they are used, and how you can opt out of such use, please refer to our Cookie Notice.
• Information Imported from Social Networks. When you choose to interact with us through social media your interactions with social media platforms (“Social Networks”) typically allows the Social Networks to collect information such as “Likes”, profile information gathered from the Social Networks, or the fact that you viewed or interacted with our Services. Social Networks may collect information about you through digital cookies they place on your device and other tracking mechanisms even when you are not directly interacting with their applications. Please review the Social Networks’ privacy policies and choices for sharing information of any Social Network connected to our Services.
• Information We Collect From Other Sources. In order to enhance our ability to provide relevant marketing, offers and services to you, we obtain information about you from other sources, such as public databases, and joint marketing partners, and fraud detection companies.
• Information We Collect through Sign In Platforms, including Google. In order facilitate creation of student rosters, Student Name and Student email may be automatically collected for the sole purpose of creating the Student Account. This information is only collected in coordination with an Educational Institution and is not used for any other purpose and is never shared.

HOW WE USE YOUR INFORMATION

We use the information we collect or receive (alone or in combination):

• To respond to your inquiries and fulfill your requests, such as to send you products you have ordered, to respond to any inquiry, feedback, or information and materials regarding our products and services.
• To send administrative information to you, for example, invoices, renewal notices, information regarding our Services or Sites, and changes to our terms, conditions, and policies.
• To send you marketing communications, including via email and SMS in compliance with applicable laws and in accordance with your preferences, that we believe may be of interest to you.
• To personalize your experience on our Sites by presenting products, content and offers tailored to you and your interests, including by creating custom audiences on social media sites.
• For our business purposes, such as data analysis, audits, fraud monitoring and prevention, developing new products, enhancing, improving or modifying our Sites and products and Services, identifying usage trends, determining the effectiveness of our promotional campaigns and operating and expanding our business activities.
• As we believe to be necessary or appropriate: (a) under applicable law, including laws outside your country of residence; (b) to comply with legal process; (c) to respond to requests from public and government authorities; (d) to enforce our Terms of Use; (e) to protect our operations or those of any of our marketing partners; (f) to protect our rights, or the privacy, safety or property or you or others; and (g) to allow us to pursue available legal remedies or limit the damages that we may sustain.
• For other reasons that we describe to you at the time of collection.
• Information We Collect for Teacher/School/Student Accounts. This information is collected for the sole purpose of creating the Student Account, in coordination with an Educational Institution and is not used for any other purpose.

Important information regarding Educator Portal accounts and Users

How we collect, use, and disclose information depends on the type of account and the type of user. We currently have three types of accounts: 1) Teacher Accounts; 2) School Accounts; and 3) Student Accounts.

• Teacher Accounts are established directly by a Teacher User for use in the classroom via the website (“Teacher Accounts”);
• School Accounts are provided to Teacher Users by an Administrative User (“School Accounts”, and together with Teacher Accounts, an “Account”) and are only for schools, school districts, or other licensed educational institutions or programs (each, an “Educational Institution”);
• Student Accounts can only be created by a Teacher User or Administrative User in conjunction with an Account.

When the primary account is a School Account, Student Accounts will be populated in coordination with the Educational Institution. Student Users will be given login information in accordance with the policy of their Educational Institution. When the primary account is a Teacher Account, Student Users are given Student Accounts by using a name or nickname assigned by the Teacher User or generated by the Student User in coordination with the Teacher User.

We support several third-party Single Sign-On platforms including Google, Clever, and others to log into or share information with the Platform. Information collected by third-party integrations is subject to the third party’s own terms and privacy policy. For questions about which third- party Single Sign-On platforms we support, contact
support-classroom@hookedonphonics.com.

Hooked on Phonics use and transfer to any other app of information received from Google APIs will adhere to the Google API Services User Data Policy, including the Limited Use requirements. Hooked on Phonics will only request the student name and email address for the purpose of creating the Student Account for the best app experience. Information collected for this purpose is never shared.

Consent by School Districts and Teachers

Our Services are not offered directly to students or parents. School Users must first sign up for an Account, and then create or invite Student Users to create Student Accounts. If we learn that a student of any age has created a non-Student Account, that account will be deleted.

School Users hereby consent to our collecting and using the Student User data described in this Privacy Policy by creating Student Accounts or providing playlist codes for Student Users to create Student Accounts and use the Services.

When School Users create an Account and invite Student Users to create Student Accounts, they are acting on behalf of parents to give Hooked on Phonics permission to collect the information described in this Privacy Policy, and we are acting as a service provider to the School User.

*These disclosures should be added to these sections of our PP

HOW WE SHARE YOUR INFORMATION

We may disclose your personal information to the following categories of recipients and for the following reasons:

• Information We Collect for Teacher/School/Student Accounts. This information is only shared directly with each Student Account for the purpose of the individual app experience and is excluded from all the data sharing provisions listed for non-student data.
• Service providers. In order to provide our Services to you, it is necessary for us to disclose your information to service providers who perform certain functions of our Services on our behalf. Examples include cloud hosting providers (to provide data storage and processing services); communications providers (to process new queries and to manage our emails); and fulfillment providers (to send you products or provide access to our Services).
• Payment Processors. When you make a purchase your billing information is collected and processed directly by our payment processor Braintree. We never receive or store your full credit card information. Braintree commits to complying with the Payment Card Industry Data Security Standard (PCI-DSS) and using industry standard security. In addition, you may provide your billing information other sellers on their respective shopping platforms to purchase our products or services. Those sellers receive the information needed to verify and authorize your credit/debit card or other payment information and to process your order. You should check the privacy policies of those sellers for how they use your information.
• Marketing Partners. We selectively share our postal mailing address list and email list with marketing partners so that they may provide you with information about product or service offerings which may be of interest to you. See Section 5 for how to opt out of our sharing of your information for these purposes.
• Our Commercial Partners. We share information we collect with commercial partners that assist us with providing our Services to you and finding relevant leads.
• Targeted Advertising. We will share your information collected about your visits over time and across our Services and multiple devices and other websites with our advertising partners in order to serve targeted advertising to you. For more information on targeted advertising and how to manage your preferences please refer to our Cookie Notice.
• Compliance with laws. We may disclose information where we are legally required to do so in order to comply with applicable law, governmental requests, a judicial proceeding, court order, or other legal process (including in response to public authorities to meet national security or law enforcement requirements).
• Vital interests and legal rights. We may disclose information where we believe it is necessary to investigate, prevent, or take action regarding illegal activities, to verify the authenticity of any transaction, suspected fraud, situations involving potential threats to the safety of any person, violations of our Terms of Use or this Privacy Policy, or as evidence in legal proceedings.
• Business transfers. We may share or transfer information in connection with, or during negotiations of, any merger, sale of company assets, financing, or acquisition of all or a portion of our business to another company, provided that we inform the buyer it must use your personal information only for the purposes disclosed in this Privacy Policy.
• Consent. We may share your information with any other person with your consent to the disclosure, as permitted by law.
• SMS. The above excludes test messaging originator opt-in data and consent. This information will not be shared with any third parties.

YOUR DATA PROTECTION RIGHTS

• Access to Information. You can access, correct, update, delete, and deactivate personal information you have provided to us by emailing us at MyPrivacy@HookedAndCompany.com, calling customer service at 888-605-5055 or writing to us at HookedAndCompany, 4 Mountainview Terrace Suite 200, Danbury, CT 06810.
• Opting-Out of Marketing Emails. You can opt out of receiving marketing emails from us by clicking the “unsubscribe” link in the email, by emailing MyPrivacy@HookedAndCompany.com or writing to us at Hooked And Company, 4 Mountainview Terrace Suite 200, Danbury, CT 068If you choose to no longer receive marketing information, we may still communicate with you regarding such things as security updates, product functionality, responses to service requests, or other transactional, non-marketing purposes.
• Opting Out of Postal Direct Mail Marketing. If you want to opt out of receiving paper marketing communications via postal mail email us at MyPrivacy@HookedAndCompany.com and provide us the exact name and address as it appears on the mailing label so we can identify you correctly.
• Turning Off Tracking Technologies. You can choose to have your computer warn you each time a persistent or session cookie is being sent, or you can choose to turn off such cookies through your browser settings. Each browser is a little different, so look at your browser’s Help menu to learn the correct way to modify your cookies. It is important to remember that many of our Services may not function properly if your cookies are disabled. Please refer to our Cookie Notice for more information .
• Browser “Do Not Track” Signals. Some third-party browsers provide “do not track” machine readable signals for websites, which are automatically applied by default. These features are not all uniform. We do not currently respond to those signals. If you block cookies, certain features on our Sites may not work. If you block or reject cookies, not all of the tracking described here will stop.
• Interest Based Ads. Please refer to our Cookie Notice for opt out information.
• Push Notifications. If you use our Apps we may ask if you want to receive push notifications so that we can send you updates, communications, and other messages about the Services. To opt out of getting these push notifications or other messages, you must turn off the push notification function within your device settings.
• Control Tools on Your Mobile Devices. There may be controls on your mobile devices such as the ability to turn off GPS locator and other privacy settings.
• Consent. If we have collected and processed your personal information with your consent, then depending on the jurisdiction where you reside and applicable law you can withdraw your consent at any time. Withdrawing your consent will not affect the lawfulness of any processing we conducted prior to your withdrawal, nor will it affect processing of your personal information conducted in reliance on lawful processing grounds other than consent.
• Timing and Third Parties. We will endeavor to comply with your request for changes as soon as reasonably possible. Unless required by law, we are not responsible for informing third parties with whom we have already shared your information of any changes requested pursuant to this section, or for removing information from or causing information to be removed from the databases or records of such entities.

CALIFORNIA RESIDENTS’ PRIVACY RIGHTS

Individuals who are residents of California and have provided their personal information to us may request information regarding our disclosures, if any, of their personal information to third parties for direct marketing purposes. Such requests must be submitted to us at CaliforniaPrivacyRequest@HookedAndCompany.com or in writing at:

HookedAndCompany, Inc.
4 Mountainview Terrace Suite 200
Danbury, CT 06810
Attn: Legal Department

California privacy rights requests must include the reference “Request for California Privacy Information” on the subject line and in the body of the message and must include the email address or mailing address, as applicable, for us to send our response. This request may be made no more than once per calendar year. We reserve the right not to respond to requests submitted other than to the address specified above.

The California Consumer Privacy Act (“CCPA”) provides California residents with the right to receive certain disclosures regarding the collection, use, and sharing of “Personal Information,” as well as the right to know or access, to delete, and to limit sharing of Personal Information. The CCPA defines “Personal Information” to mean “information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household.”

To the extent that we collect Personal Information that is subject to the CCPA, that information, our practices, and your rights are described below.

Right to Information Regarding the Categories of Personal Information Collected, Sold, and Disclosed. Please see our Notice of California Consumer Data Collection and Sharing Practices.

Right to Access Information. You have the right to request access to Personal Information collected about you and information regarding the source of that information, the purposes for which we collect it, and the third parties and service providers with whom we share it. To protect our customers’ Personal Information, we are required to verify your identity before we can act on your request.

Right to Request Deletion of Information. You have the right to request in certain circumstances that we delete any Personal Information that we have collected from you. To protect our customers’ Personal Information, we are required to verify your identity before we can act on your request. We may have a reason under the law why we do not have to comply with your request, or why we may comply with it in a more limited way than you anticipated. If we do, we will explain that to you in our response.

Right to Opt Out of the Sale of Personal Information to Third Parties. You have the right to opt out of the sale of your personal information to third parties. To exercise this right, please visit our “Do Not Sell My Personal Information” webpage. Please note that your right to opt out does not apply to our sharing of personal information with service providers, who are parties we engage to perform a function on our behalf and are contractually obligated to use the personal information only for that function .

How to submit a Request. You may submit a request to exercise your rights by calling us at 888-605-5055 or by using our Consumer Data Request form.